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Wilson appeals being booted from the ballot

As expected, renowned homophobe and attention whore Dave Wilson has filed suit to fight being booted from the Democratic Party ballot for County Commissioner.

[HCDP Chair Gerry] Birnberg declared he would not certify Wilson for the ballot because he reported a business address instead of a residential address as required by election law. The move left Eversole without a challenger from either party as he seeks a sixth term on Commissioners Court.

Wilson insists that he lives at his business address, but he said his appeal makes the case that Birnberg does not have the authority to keep him off the ballot even if he submitted a bogus address. Only someone with legal standing — and that would only be Eversole — could make such a challenge, Wilson argued.

I’m no lawyer, but isn’t it always the County Party chair who determines if a primary filing is legal? I would think this argument would have been used before now if it were meritorious, but maybe there’s just never been a case like this one. Any actual attorneys want to offer a viewpoint on this?

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  1. mollusk says:

    Birnberg’s been a lawyer longer than I have, which is saying something, but I’ve looked at the Election Code and I agree that it looks like he’s on pretty solid ground. I don’t think he picks fights he can’t win (OK, he’s been a Democrat forever, but let’s take the long view on this) – as further backup for that idea, look at the LaRouchies that have gotten on the ballot over the years.

    I am, however, a bit nonplussed by the idea that nobody legitimate stood up to tilt at Eversole’s particular windmill.

  2. Eric Dick says:

    No, this is a point where you don’t always have to follow the election code. See In re Barnett 207 S.W.3d 326, 327 (Tex.,2006).

  3. […] his appeal to stay on the ballot after HCDP Chair removed him for not putting in a valid residential address, […]

  4. […] from the ballot last time for having an invalid residential address; I’m not sure where the ensuing litigation now stands, but with any luck he’ll be thrown off again. Even if he isn’t, the good […]